What is the Bojangles franchisee's obligation in defending or settling litigation involving copyrighted items?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event that litigation involving any items that may be copyrighted is instituted or threatened against you, you must promptly notify us. We will conduct the defense and bear the expense of such litigation, and will be entitled to settle or otherwise dispose of the litigation on terms which, in our sole discretion, we may decide. You must cooperate fully with us in defending or settling such litigation.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 52–53)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, if a franchisee faces litigation or a threat of litigation involving copyrighted items, they must promptly inform Bojangles. Bojangles will then take charge of the defense and cover the expenses associated with the litigation. Bojangles also has the authority to settle or otherwise resolve the litigation based on terms they deem appropriate. The franchisee is obligated to fully cooperate with Bojangles in defending or settling the litigation.
This means that while the franchisee must immediately notify Bojangles of any potential copyright litigation, Bojangles assumes control over the legal proceedings. This arrangement can be beneficial for franchisees, as they do not have to bear the financial burden or manage the complexities of such lawsuits independently. However, franchisees must actively assist Bojangles throughout the process.
This approach is fairly common in franchising, where the franchisor often protects its brand's intellectual property. By retaining control over copyright litigation, Bojangles can ensure a consistent legal strategy and protect its brand standards across all franchise locations. Franchisees should be aware that their cooperation is mandatory and that Bojangles has the final say in how the litigation is handled.